17-4754

Chapter 17.--CORPORATIONS
Article 47.--URBAN RENEWAL LAW

      17-4754.   Cooperation by public bodies; powers; issuance of generalobligation bonds, when; protest; election.(a) For the purpose of aiding in the planning, undertaking or carryingout of an urban renewal project located within the area in which it isauthorized to act, any public body may, upon such terms, with or withoutconsideration, as it may determine: (1) Dedicate, sell, convey or leaseany of its interest in any property or grant easements, licenses orother rights or privileges therein to a municipality; (2) incur theentire expense of any public improvements made by such public body inexercising the powers granted in this section; (3) do any and all thingsnecessary to aid or cooperate in the planning or carrying out of anurban renewal plan; (4) lend, grant or contribute funds to amunicipality; (5) enter into agreements (which may extend over anyperiod, notwithstanding any provision or rule of law to the contrary)with a municipality or other public body respecting action to be takenpursuant to any of the powers granted by this act, including thefurnishing of funds or other assistance in connection with an urbanrenewal project, and (6) cause public buildings and public facilities,including parks, playgrounds, recreational, community, education, water,sewer or drainage facilities, or any other works which it is otherwiseempowered to undertake to be furnished; furnish, dedicate, close,vacate, pave, install, grade, regrade, plan or replan streets, roads,sidewalks, ways or other places; plan or replan, zone or rezone any partof the public body or make exceptions from building regulations; andcause administrative and other services to be furnished to themunicipality. If at any time title to or possession of any urban renewalproject is held by any public body or governmental agency, other thanthe municipality, which is authorized by law to engage in theundertaking, carrying out, or administration or urban renewal projects(including any agency or instrumentality of the United States ofAmerica), the provisions of the agreements referred to in this sectionshall inure to the benefit of and may be enforced by such public body orgovernmental agency. As used in this subsection, the term "municipality"shall also include an urban renewal agency vested with all of the urbanrenewal project powers pursuant to the provisions of K.S.A. 17-4756,and any amendments thereto.

      (b)   Any sale, conveyance, lease or agreement provided for in thissection may be made by a public body without appraisal, public notice,advertisement or public bidding.

      (c)   For the purpose of aiding in the planning, undertaking orcarrying out of an urban renewal project of an urban renewal agency, amunicipality may (in addition to its other powers and upon such terms,with or without consideration, as it may determine) do and perform anyor all of the actions or things which by the provisions of subsection(a) of this section, a public body is authorized to do or perform,including the furnishing of financial and other assistance.

      (d)   For the purposes of this section, or for the purpose of aidingin the planning, undertaking or carrying out of an urban renewal projectof a municipality, such municipality may (in addition to any authorityto issue bonds pursuant to K.S.A. 17-4751) issue and sell its general obligation bonds:Provided, That before any general obligation bonds may be issuedunder the urban renewal law, the city shall adopt a resolution, findingand declaring it necessary to issue such bonds, which resolution shallstate the purpose for which said bonds are to be issued and the maximumamount of bonds to be issued, and shall contain a statement relating tothe provisions for protest as hereinafter provided, which resolutionshall be published once each week for two consecutive weeks in theofficial paper of the city, and if within sixty (60) days after the dateof the last publication of said resolution, a protest, signed by notless than five percent (5%) of the electors in the municipality, asdetermined by the vote cast for secretary of state at the last precedinggeneral election, is filed with the city clerk, the bonds shall not beissued, unless the governing body calls an election within the time andin the manner prescribed by K.S.A. 10-120, or any amendments thereto, andthe proposition shall receive thefavorable vote of a majority of the votes cast on the proposition:Provided further, That no incorporated city with a population ofless than 125,000 shall issue general obligation bonds under the urbanrenewal law unless issued pursuant to and as the result of an electionas hereinbefore prescribed, unless such a city has suffered acatastrophe which the president of the United States has determined tobe a major disaster pursuant to Public Law 875, 81st Congress, approvedSeptember 30, 1950, as amended (42 U.S.C.A. §§ 1855, 1855a to1855g), in which case, such a city may issue and sell its generalobligation bonds for the purposes set out in this subsection withoutsubmitting the proposition to a vote of the electors of such city:Provided, That before any such bonds may be issued, the governingbody of the city shall first adopt and publish a resolution ashereinabove provided for in this subsection and if within fifteen (15)days after the last publication of said resolution there shall be filedwith the city clerk a written protest against the issuance of said bondssigned by not less than ten percent (10%) of the qualified electors ofsuch city, as determined by the total vote cast for secretary of stateat the preceding general election, the governing body shall submit theproposed bond issue to the electors at a special election to be calledfor that purpose upon at least ten (10) days' notice, to be held notlater than sixty (60) days after the filing of such protest, or at aregular city, primary, or general election which will occur not soonerthan thirty (30) days and not later than sixty (60) days after thefiling of such protest. In the event such an election is required, thensuch bonds shall not be issued and sold unless a majority of thequalified electors voting on the proposition shall vote in favorthereof.

      History:   L. 1955, ch. 86, § 13; L. 1957, ch. 156, § 1; L. 1959, ch. 122, § 1;March 31.